The case against the CEO of "Pavlohrad Chemical Plant" was not submitted to the court

The case against the CEO of "Pavlohrad Chemical Plant" was not submitted to the court

The case concerning the accusation of the CEO of "Pavlogradskiy Chemical Plant" Leonid Shyman, as well as the directors of LLC "Rada 2007" Ihor Khokhlov and LLC "Dnipro-Skan-Service" Serhiy Ohurtsov was refused to be transferred for consideration to the High Anti-Corruption Court.

This was reported by the media based on the decision of the Dnipro Court of Appeal under Part 4 of Article 191, Part 2 of Article 332, and Part 1 of Article 366 of the Criminal Code of Ukraine.

We have already written about how Shyman illegally employed men at a state enterprise.

According to the investigation, the director of the chemical plant Shyman, intending the illegal employment of the aforementioned directors of legal entities, business partners of the enterprise he was in charge of, with the purpose of their illegal transfer across the state border of Ukraine during martial law, issued an order on June 19 to appoint Khokhlov as the head of the bureau, stipulating salary payments according to the staffing schedule.

In November, the Pavlohrad court decided to transfer the case of Shyman and the company to the Dnipro Court of Appeal, which is supposed to apply to the Supreme Court for a final determination of the jurisdiction of the case.

The case was considered on December 18 by a panel consisting of Maznytsya Andriy, Dzherelyiko Olena, Kononenko Olena.

The court of the first instance established that SE "Scientific-Production Association "Pavlohrad Chemical Plant” is a large state enterprise, with the state’s share in its statutory capital being 100%. The enterprise has significant financial performance, with the book value of assets as of September 2024 exceeding 50.6 billion hryvnias, which is significantly more than the 20 million euros established by law to define large enterprises. The net income from product sales for 2023 amounted to 8.26 billion hryvnias, and for the first nine months of 2024 – already 16.4 billion hryvnias.

The court also noted that Shyman has headed the enterprise since 2018. It is crucial for Ukraine’s strategic industry and is subjugated to the Ministry of Strategic Industries.

Considering the circumstances of the crime, which envisage abuse of official position in a state enterprise, the court decided that the jurisdiction of the case should be determined by the Supreme Court.

Earlier, the case materials were transferred to the Pavlohrad City-District Court, but it applied to the appellate instance to pass the jurisdiction question for consideration to the Supreme Court. There, it had to be decided whether this case should be examined by the High Anti-Corruption Court.

The panel of the Dnipro Court of Appeal decided that any information confirming that SE "NPO "Pavlohrad Chemical Plant” is indeed a subject of large entrepreneurship is absent in the ruling and the submission, as is any substantiation of this circumstance. Upon reviewing the district court’s submission, the appellate court decided that it should be denied in its satisfaction.